BILL NUMBER: AB 779	CHAPTERED  09/29/00

	CHAPTER   914
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 9, 2000
	AMENDED IN SENATE   JUNE 27, 2000
	AMENDED IN SENATE   JUNE 15, 2000
	AMENDED IN SENATE   APRIL 24, 2000
	AMENDED IN SENATE   JULY 8, 1999

INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 24, 1999

   An act to amend Sections 44501, 44502, 44520, and 44526 of, and to
add and repeal Sections 44525.5 and 44525.6 of, the Health and
Safety Code, relating to pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 779, Torlakson.  Pollution.
   Existing law contains legislative findings regarding the necessity
that the state, in cooperation with the federal government, use all
practical means and measures to control, remediate, and eliminate
pollution hazards to the environment, including developing new and
alternative processes and facilities that provide for the disposal of
waste products, as provided.
   Existing law authorizes the California Pollution Control Financing
Authority to finance various pollution control projects to control
and eliminate pollution hazards to the environment.
   This bill would authorize the authority, until January 1, 2007, to
provide grants and loans to assist California neighborhoods
suffering from high poverty or unemployment levels, or from
low-income levels, to assist cities and counties in developing and
implementing growth policies and programs that reduce pollution
hazards and the degradation of the environment, or in promoting
infill development to revitalize these communities.  The bill would
require the authority to fund these grants and loans from any funds
available to the authority or set aside for the authority's
administrative expenses. The bill would limit to $2,500,000 the
amount that may be awarded in grants and loans.  The bill would
authorize the authority to charge reasonable application and project
fees to reimburse the authority for costs incurred in administering
the applications for grants and loans authorized by the bill.
   The bill also would require the authority, commencing in 2002, and
annually thereafter, to submit a report to the Legislature regarding
the program.
   This bill would incorporate additional changes in Sections 44501,
44502, 44520, and 44526 of the Health and Safety Code proposed by SB
1986, to become operative only if both bills are enacted and become
operative on or before January 1, 2001, and this bill is enacted
last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44501 of the Health and Safety Code is amended
to read:
   44501.  (a) The Legislature hereby finds and declares that it is
necessary and essential that the state, in cooperation with the
federal government, use all practical means and measures to control,
remediate, and eliminate pollution hazards to the environment.  The
Legislature further finds and determines that industry within this
state utilizes processes and facilities that have significant
environmental impact.  These processes and facilities shall be
modified and supplemented to meet the quality standards established
and to be established for the control and remediation of
environmental pollution.  Industry needs and requires new methods to
finance the capital outlays required for the devices, equipment, and
facilities utilized in pollution control if they are to rapidly
comply with the quality standards established by the state and
federal governments, and if they are to rapidly remediate
contaminated properties so that those properties can be reused for
economically beneficial purposes.
   (b) The Legislature also finds and declares that the disposal of
waste products by such current methods as incineration and landfill
pollute the environment by degrading air and water quality.  The
Legislature further finds that in order to reduce the environmental
pollution that currently occurs in connection with the disposal of
waste products, there is a need to develop new and alternative
processes and facilities that provide for the disposal of those waste
products in ways that prevent or reduce environmental degradation.
The Legislature also finds that  those new and alternative processes
and facilities include those that recover resources and energy from
waste products.  The Legislature further finds and declares that in
order to prevent further environmental degradation resulting from
contamination caused by the release of waste products and hazardous
materials, there is a need to encourage the remediation of that
contamination of properties with the potential for economically
beneficial reuse.
   (c) The alternate method of financing provided in this division is
in the public interest and serves a public purpose and will promote
the health, welfare, and safety of the citizens of the State of
California.
   (d) The Legislature also finds and declares that California is
expected to undergo tremendous population growth by the addition of
an estimated five million new jobs, 12 million new residents, and
over four million new households over the next 20 years.  This
constitutes more rapid growth than California experienced during the
1950's, 1960's, and 1970's, combined.  The Legislature also finds
that as a result of this unprecedented growth, the long-term
environmental quality of the state depends, in part, on altering
current growth patterns by adopting policies and programs that
promote new forms of sustainable development and that will help
reduce pollution and the degradation of the environment.  The
Legislature also finds that a key element of sustainable development
is infill development and the revitalization of existing communities.
  Sustainable development will result in the remediation of
brownfields, reduce traffic and auto pollution, and help preserve
open spaces.  The Legislature also finds that many communities in
California do not have the resources or expertise to identify and
compete for state, federal, or private assistance in order to develop
and implement environmentally sensitive growth policies and programs
for economically struggling neighborhoods.  The Legislature further
finds and declares that assisting economically distressed cities and
counties to develop and implement sustainable and environmentally
sensitive growth policies and programs that increase the utilization
of unproductive properties within existing communities will help
reduce environmental hazards created by brownfields and traffic
congestion, while aiding in the revitalization of economically
struggling neighborhoods and the preservation of open space at the
urban edges.  The grant and loan program provided in this division is
in the public interest, serves a public purpose, and will promote
the health, welfare, and safety of the citizens of the State of
California.
  SEC. 1.5.  Section 44501 of the Health and Safety Code is amended
to read:
   44501.  (a) The Legislature hereby finds and declares that it is
necessary and essential that the state, in cooperation with the
federal government, use all practical means and measures to control,
remediate, and eliminate pollution hazards to the environment.  The
Legislature further finds and determines that industry within this
state utilizes processes and facilities that have significant
environmental impact.  These processes and facilities shall be
modified and supplemented to meet the quality standards established
and to be established for the control and remediation of
environmental pollution.  Industry needs and requires new methods to
finance the capital outlays required for the devices, equipment, and
facilities utilized in pollution control if they are to rapidly
comply with the quality standards established by the state and
federal governments, and if they are to rapidly remediate
contaminated properties so that those properties can be reused for
economically beneficial purposes.
   (b) The Legislature also finds and declares that the disposal of
waste products by such current methods as incineration and landfill
pollute the environment by degrading air and water quality.  The
Legislature further finds that in order to reduce the environmental
pollution that currently occurs in connection with the disposal of
waste products, there is a need to develop new and alternative
processes and facilities that provide for the disposal of those waste
products in ways that prevent or reduce environmental degradation.
The Legislature also finds that  those new and alternative processes
and facilities include those that recover resources and energy from
waste products.  The Legislature further finds and declares that in
order to prevent further environmental degradation resulting from
contamination caused by the release of waste products and hazardous
materials, there is a need to encourage the remediation of that
contamination of properties with the potential for economically
beneficial reuse.
   (c) The alternate method of financing provided in this division is
in the public interest and serves a public purpose and will promote
the health, welfare, and safety of the citizens of the State of
California.
   (d) The Legislature also finds and declares that California is
expected to undergo tremendous population growth by the addition of
an estimated five million new jobs, 12 million new residents, and
over four million new households over the next 20 years.  This
constitutes more rapid growth than California experienced during the
1950's, 1960's, and 1970's, combined.  The Legislature also finds
that as a result of this unprecedented growth, the long-term
environmental quality of the state depends, in part, on altering
current growth patterns by adopting policies and programs that
promote new forms of sustainable development and that will help
reduce pollution and the degradation of the environment.  The
Legislature also finds that a key element of sustainable development
is infill development and the revitalization of existing communities.
  Sustainable development will result in the remediation of
brownfields, reduce traffic and auto pollution, and help preserve
open spaces.  The Legislature also finds that many communities in
California do not have the resources or expertise to identify and
compete for state, federal, or private assistance in order to develop
and implement environmentally sensitive growth policies and programs
for economically struggling neighborhoods.  The Legislature further
finds and declares that assisting economically distressed cities and
counties to develop and implement sustainable and environmentally
sensitive growth policies and programs that increase the utilization
of unproductive properties within existing communities will help
reduce environmental hazards created by brownfields and traffic
congestion, while aiding in the revitalization of economically
struggling neighborhoods and the preservation of open space at the
urban edges.  The grant and loan program provided in this division is
in the public interest, serves a public purpose, and will promote
the health, welfare, and safety of the citizens of the State of
California.
   (e) (1) The Legislature also finds and declares that real property
contaminated with hazardous substances is a continuing blight on
communities.  Estimates suggest there are between 67,000 and 119,000
contaminated sites, commonly referred to as "brownfields," throughout
the state.  Located in existing communities, many of these sites are
abandoned, idle, or underutilized due to a combination of factors,
including legal liability concerns, regulatory issues, and the costs
of pollution cleanup.  Additionally, many of the undeveloped
brownfields in the state are located within communities with
depressed land values and pressing economic need, communities often
characterized by a lack of capital investment.  The remediation and
development of brownfields is an important component of revitalizing
existing communities and supporting sustainable growth patterns.
While remediation and development activities should focus on
brownfield sites that, although contaminated, have the potential for
economically beneficial reuse, there currently exist few, if any,
sources for financing the assessment, planning, and reporting
activities that are the necessary first steps toward determining
whether a site has the potential for economically beneficial reuse.
   (2) The Legislature finds and declares that the California
Pollution Control Financing Authority should work in conjunction with
public and private sector entities, including, but not limited to,
cities, counties, school districts, redevelopment agencies, and
financial institutions, to assist in financing through loans, the
costs of performing or obtaining site assessments, remedial action
plans and reports, and technical assistance, and, where it is
determined that a site has the potential for economically beneficial
reuse, the cleanup, remediation, or development of brownfield sites.
The loan program provided by this division is in the public
interest, serves a public purpose, and will promote the health,
welfare, and safety of the citizens of the State of California.
  SEC. 2.  Section 44502 of the Health and Safety Code is amended to
read:
   44502.  It is the purpose of this division to carry out and make
effective the findings of the Legislature and to that end to do both
of the following, to the mutual benefit of the people of the state
and to protect their health and welfare:
   (a) To provide industry within the state, irrespective of company
size, with an alternative method of financing in providing,
enlarging, and establishing pollution control facilities  that are
needed to accomplish the purposes of this division.
   (b) To assist economically distressed counties and cities to
develop and implement growth policies and programs that reduce
pollution hazards and the degradation of the environment or promote
infill development.
  SEC. 2.5.  Section 44502 of the Health and Safety Code is amended
to read:
   44502.  It is the purpose of this division to carry out and make
effective the findings of the Legislature and to that end to do all
of the following, to the mutual benefit of the people of the state
and to protect their health and welfare:
   (a) To provide industry within the state, irrespective of company
size, with an alternative method of financing in providing,
enlarging, and establishing pollution control facilities  that are
needed to accomplish the purposes of this division.
   (b) To assist economically distressed counties and cities to
develop and implement growth policies and programs that reduce
pollution hazards and the degradation of the environment or promote
infill development.
   (c) To assist with the financing of the costs of assessment,
remedial planning and reporting, technical assistance, and the
cleanup, remediation, or development of brownfield sites, or other
similar or related costs.
  SEC. 3.  Section 44520 of the Health and Safety Code is amended to
read:
   44520.  (a) The authority shall, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, adopt all necessary rules and regulations to
carry out its powers and duties under this division.  The authority
may call upon any board or department of the state government for aid
and assistance in the preparation of plans and specifications and in
the development of technology necessary to effectively control
pollution.
   (b) Notwithstanding subdivision (a), the authority, or any other
agency implementing a small business financing assistance program
pursuant to an interagency agreement with the authority, may adopt
regulations relating to small business financing as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
For purposes of that Chapter 3.5, including Section 11349.6 of the
Government Code, the adoption of the regulations shall be considered
by the Office of Administrative Law to be necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.  Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the regulations shall be repealed 180 days after
their effective date, unless the adopting agency complies with that
Chapter 3.5, as provided in subdivision (e) of Section 11346.1 of the
Government Code.
   (c) Notwithstanding subdivision (a), the authority, or any other
agency implementing a loan program pursuant to an interagency
agreement with the authority, may adopt regulations relating to the
loans authorized under subdivision (g) of Section 44526 as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
For purposes of that Chapter 3.5, including Section 11349.6 of the
Government Code, the adoption of the regulations shall be considered
by the Office of Administrative Law to be necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.  Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the regulations shall be repealed 180 days after
their effective date, unless the adopting authority or agency
complies with that Chapter 3.5, as provided in subdivision (e) of
Section 11346.1 of the Government Code.
  SEC. 3.5.  Section 44520 of the Health and Safety Code is amended
to read:
   44520.  (a) The authority shall, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, adopt all necessary rules and regulations to
carry out its powers and duties under this division.  The authority
may call upon any board or department of the state government for aid
and assistance in the preparation of plans and specifications and in
the development of technology necessary to effectively control
pollution.
   (b) Notwithstanding subdivision (a), the authority, or any other
agency implementing a small business or brownfield site financing
assistance program pursuant to an interagency agreement with the
authority, may adopt regulations relating to small business or
brownfield site financing as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.  For purposes of that Chapter 3.5,
including Section 11349.6 of the Government Code, the adoption of
the regulations shall be considered by the Office of Administrative
Law to be necessary for the immediate preservation of the public
peace, health and safety, and general welfare.  Notwithstanding
subdivision (e) of Section 11346.1 of the Government Code, the
regulations shall be repealed 180 days after their effective date,
unless the adopting authority or agency complies with that Chapter
3.5, as provided in subdivision (e) of Section 11346.1 of the
Government Code.
   (c) Notwithstanding subdivision (a), the authority, or any other
agency implementing a loan program pursuant to an interagency
agreement with the authority, may adopt regulations relating to the
loans authorized under subdivision (g) of Section 44526 as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
For purposes of that Chapter 3.5, including Section 11349.6 of the
Government Code, the adoption of the regulations shall be considered
by the Office of Administrative Law to be necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.  Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the regulations shall be repealed 180 days after
their effective date, unless the adopting authority or agency
complies with that Chapter 3.5, as provided in subdivision (e) of
Section 11346.1 of the Government Code.
  SEC. 4.  Section 44525.5 is added to the Health and Safety Code, to
read:
   44525.5.  (a) The authority may also charge reasonable application
and project fees to reimburse the authority for costs incurred in
administering applications for grants and loans authorized by
subdivision (e) of Section 44526.
   (b) This section shall not become operative if Senate Bill 1986 of
the 1999-2000 Regular Session is enacted after Assembly Bill 779 of
the 1999-2000 Regular Session and adds subdivision (g) to Section
44526.
  SEC. 4.5.  Section 44525.5 is added to the Health and Safety Code,
to read:
   44525.5.  (a) The authority may also charge reasonable application
and project fees to reimburse the authority for costs incurred in
administering applications for loans authorized by subdivision (g) of
Section 44526.
   (b) This section shall become operative only if Senate Bill 1986
of the 1999-2000 Regular Session is enacted after Assembly Bill 779
of the 1999-2000 Regular Session and adds subdivision (g) to Section
44526.
  SEC. 5.  Section 44525.6 is added to the Health and Safety Code, to
read:
   44525.6.  (a) Commencing in 2002, and annually thereafter, the
authority shall submit a report to the Legislature regarding the loan
and grant program described in subdivision (e) of Section 44526
describing the total amount of loans and grants awarded pursuant to
subdivision (e) of Section 44526 in the previous calendar year, the
amount of each loan or grant awarded, and a description of the
programs awarded funding.
   (b) This section shall not become operative if Senate Bill 1986 of
the 1999-2000 Regular Session is enacted after Assembly Bill 779 of
the 1999-2000 Regular Session and adds subdivision (g) to Section
44526.
   (c) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2007, deletes or extends that
date.
  SEC. 5.5.  Section 44525.6 is added to the Health and Safety Code,
to read:
   44525.6.  (a) Commencing in 2002, and annually thereafter, the
authority shall submit a report to the Legislature regarding the loan
program described in subdivision (g) of Section 44526 describing the
total amount of loans issued pursuant to subdivision (g) of Section
44526 in the previous calendar year, the amount of each loan issued,
and a description of the programs awarded funding.
   (b) This section shall become operative only if Senate Bill 1986
of the 1999-2000 Regular Session is enacted after Assembly Bill 779
of the 1999-2000 Regular Session and adds subdivision (g) to Section
44526.
   (c) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2007, deletes or extends that
date.
  SEC. 6.  Section 44526 of the Health and Safety Code is amended to
read:
   44526.  The authority is authorized:
   (a) To determine the location and character of any project to be
financed under the provisions of this division, to lend financial
assistance to any participating party, to construct, reconstruct,
renovate, replace, lease, as lessor or lessee, and regulate the same,
and to enter into contracts for the sale of any pollution control
facilities, including installment sales or sales under conditional
sales contracts, and to make loans to participating parties to lend
financial assistance in the acquisition, construction, or
installation of a project.
   (b) To issue bonds, notes, bond anticipation notes, and other
obligations of the authority for any of its corporate purposes, and
to fund or refund the same, all as provided in this division.
   (c) To fix fees and charges for pollution control facilities, and
to revise from time to time  those fees and charges, and to collect
rates, rents, fees, and charges for the use of and for any facilities
or services furnished, or to be furnished, by a project or any part
thereof and to contract with any person, partnership, association,
corporation, or public agency with respect thereto, and to fix the
terms and conditions upon which any pollution control facilities may
be sold or disposed of, whether upon installment sales contracts or
otherwise.
   (d) To employ and fix the compensation of bond counsel, financial
consultants, and advisers as may be necessary in its judgment in
connection with the issuance and sale of any bonds, notes, bond
anticipation notes, or other obligations of the authority; to
contract for engineering, architectural, accounting, or other
services of appropriate agencies as may be necessary in the judgment
of the authority for the successful development of any project; and
to pay the reasonable costs of consulting engineers, architects,
accountants, and construction experts employed by any participating
party if, in the judgment of the authority,  those services are
necessary to the successful development of any project, and  those
services are not obtainable from any public agency.
   (e) To provide grants and loans to any city or county deemed
eligible by the authority.  The grants and loans shall be used to
assist California neighborhoods suffering from high poverty or
unemployment levels, or from low-income levels, to assist cities and
counties in developing and implementing growth policies and programs
that reduce pollution hazards and the degradation of the environment,
or in promoting infill development to revitalize these communities.
The grants and loans may be used to employ the technical expertise
necessary to identify, assess, and complete applications for state,
federal, and private economic assistance programs that develop and
implement sustainable development and sound environmental policies
and programs.  Priority shall be given to applicants lacking the
resources to identify, assess, and complete applications for economic
assistance, and for those lacking the resources to develop and
implement sustainable growth and other sound environmental policies
and programs.  The authority shall fund these grants and loans from
any funds available to the authority or set aside for the authority's
administrative expenses.  The authority may not award more than two
million five hundred thousand dollars ($2,500,000) in grants and
loans pursuant to this subdivision.  This subdivision shall remain
operative only until January 1, 2007, and as of that date is no
longer operative, unless a later enacted statute that is enacted
before January 1, 2007, deletes or extends that date.
   (f) To do all things generally necessary or convenient to carry
out the purposes of this division.
  SEC. 6.5.  Section 44526 of the Health and Safety Code is amended
to read:
   44526.  The authority is authorized:
   (a) To determine the location and character of any project to be
financed under the provisions of this division, to lend financial
assistance to any participating party, to construct, reconstruct,
renovate, replace, lease, as lessor or lessee, and regulate the same,
and to enter into contracts for the sale of any pollution control
facilities, including installment sales or sales under conditional
sales contracts, and to make loans to participating parties to lend
financial assistance in the acquisition, construction, or
installation of a project.
   (b) To issue bonds, notes, bond anticipation notes, and other
obligations of the authority for any of its corporate purposes, and
to fund or refund the same, all as provided in this division.
   (c) To fix fees and charges for pollution control facilities, and
to revise from time to time  those fees and charges, and to collect
rates, rents, fees, and charges for the use of and for any facilities
or services furnished, or to be furnished, by a project or any part
thereof and to contract with any person, partnership, association,
corporation, or public agency with respect thereto, and to fix the
terms and conditions upon which any pollution control facilities may
be sold or disposed of, whether upon installment sales contracts or
otherwise.
   (d) To employ and fix the compensation of bond counsel, financial
consultants, and advisers as may be necessary in its judgment in
connection with the issuance and sale of any bonds, notes, bond
anticipation notes, or other obligations of the authority; to
contract for engineering, architectural, accounting, or other
services of appropriate agencies as may be necessary in the judgment
of the authority for the successful development of any project; and
to pay the reasonable costs of consulting engineers, architects,
accountants, and construction experts employed by any participating
party if, in the judgment of the authority,  those services are
necessary to the successful development of any project, and  those
services are not obtainable from any public agency.
   (e) To receive and accept loans, contributions, or grants, in
money, property, labor, or other things of value, for, or in aid of,
the authority in carrying out the purposes of this division, from any
source including, but not limited to, the federal government, the
state, or any agency of the state, any local government or agency
thereof, or any nonprofit or for-profit private entity or individual.

                                                        (f) To apply
for, and accept, subventions, grants, loans, advances, and
contributions from any source, of money, property, labor, or other
things of value.  The sources may include, but are not limited to,
bond proceeds, dedicated taxes, state appropriations, federal
appropriations, federal grant and loan funds, public and private
sector retirement system funds, and proceeds of loans from the Pooled
Money Investment Account.
   (g) To provide grants and loans to any city or county deemed
eligible by the authority.  The grants and loans shall be used to
assist California neighborhoods suffering from high poverty or
unemployment levels, or from low-income levels, to assist cities and
counties in developing and implementing growth policies and programs
that reduce pollution hazards and the degradation of the environment,
or in promoting infill development to revitalize these communities.
The grants and loans may be used to employ the technical expertise
necessary to identify, assess, and complete applications for state,
federal, and private economic assistance programs that develop and
implement sustainable development and sound environmental policies
and programs.  Priority shall be given to applicants lacking the
resources to identify, assess, and complete applications for economic
assistance, and for those lacking the resources to develop and
implement sustainable growth and other sound environmental policies
and programs.  The authority shall fund these grants and loans from
any funds available to the authority or set aside for the authority's
administrative expenses.  The authority may not award more than two
million five hundred thousand dollars ($2,500,000) in grants and
loans pursuant to this subdivision.  This subdivision shall remain
operative only until January 1, 2007, and as of that date is no
longer operative, unless a later enacted statute that is enacted
before January 1, 2007, deletes or extends that date.
   (h) (1) To provide a loan, directly, or indirectly through one or
more public or private sector intermediaries, to any city, county,
school district, redevelopment agency, financial institution, as
defined by subdivision (d) of Section 44559.1, for-profit or
not-for-profit organization, or participating party, as defined in
Section 44506, to assist in financing, among other things, the costs
of performing or obtaining brownfield site assessments, remedial
action plans and reports, technical assistance, the cleanup,
remediation, or development of brownfield sites, or any other similar
or related costs, subject to all applicable federal, state, and
local laws, procedures, and regulations.
   (2) The authority shall establish standards and criteria to ensure
that a recipient of direct or indirect financing for cleanup or
remediation pursuant to this subdivision has the necessary financial
resources and expertise to successfully and appropriately complete
the cleanup or remediation of the property.
   (3) The authority may pay all, or a portion, of the associated
program development and implementation costs of any public or private
sector intermediaries through which a loan is made.  A loan
authorized by this subdivision is subject to both of the following:
   (A) A loan may be used in connection with a brownfield site prior
to a determination of whether the site has a reasonable potential for
economically beneficial reuse.
   (B) A loan may be made upon the terms determined by the authority
and may provide for any rate of interest or no interest.
   (4) The authority shall fund a loan made pursuant to this
subdivision from any funds available to it, from any funds set aside
for the authority's administrative expenses, or from any small
business assistance fund established for these purposes pursuant to
Section 44548.
   (5) The authority may waive repayment of all, or a portion, of any
loan made pursuant to this subdivision, upon the conditions to be
determined by the authority, and the amount so waived shall be deemed
a grant to the recipient.
   (i) To do all things generally necessary or convenient to carry
out the purposes of this division.
  SEC. 7.  Section 1.5 of this bill incorporates amendments to
Section 44501 of the Health and Safety Code proposed by both this
bill and SB 1986.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 44501 of the Health and Safety Code, and (3)
this bill is enacted after SB 1986, in which case Section 1 of this
bill shall not become operative.
  SEC. 8.  Section 2.5 of this bill incorporates amendments to
Section 44502 of the Health and Safety Code proposed by both this
bill and SB 1986.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 44502 of the Health and Safety Code, and (3)
this bill is enacted after SB 1986, in which case Section 2 of this
bill shall not become operative.
  SEC. 9.  Section 3.5 of this bill incorporates amendments to
Section 44520 of the Health and Safety Code proposed by both this
bill and SB 1986.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 44520 of the Health and Safety Code, and (3)
this bill is enacted after SB 1986, in which case Section 3 of this
bill shall not become operative.
  SEC. 10.  Section 6.5 of this bill incorporates amendments to
Section 44526 of the Health and Safety Code proposed by both this
bill and SB 1986.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 44526 of the Health and Safety Code, and (3)
this bill is enacted after SB 1986, in which case Section 6 of this
bill shall not become operative.
